In response to reports of unauthorized removal of discarded marijuana products from facility dumpsters, Michigan's Cannabis Regulatory Agency (CRA) issued a reminder to licensed cannabis businesses about mandatory waste disposal practices. This directive emphasizes the need for marijuana products and plant waste to be rendered unusable and unrecognizable, adhering to strict disposal methods.
The CRA outlines that marijuana waste should be disposed of in a secure waste receptacle and can only be processed by:
Nick Hannawa, Chief Legal Counsel of PUFF Cannabis Company, which operates 10 locations in Michigan, elaborated on their rigorous disposal procedures. The process involves breaking down the waste product (expired or damaged) using substances like vinegar, cat litter, and sometimes cement, to ensure it is unrecognizable. This process is thoroughly documented and reported to the state. A specialized waste management company is then tasked with the off-site disposal of these materials.
Hannawa emphasized the importance of adhering to these regulations, highlighting the potential risks of improperly disposed marijuana products, such as accidental consumption by children or individuals not authorized to possess them. The intricate disposal process, though laborious, is essential for compliance with state laws and ensuring public safety.
Michigan's CRA's reinforcement of these disposal guidelines underscores the importance of responsible waste management in the cannabis industry, reflecting the state's commitment to public health and safety, as well as environmental stewardship.
In a recent announcement by the United States Anti-Doping Agency (USADA), Wyatt Davis, a former World Junior champion and Michigan Wolverine, has been handed a three-month suspension following a positive test for a cannabis-related substance. The test was conducted in June 2023, and the suspension was officially declared on January 16th, 2024.
At 22 years old, Davis was found to have levels of 11-nor-9-carboxy-tetrahydrocannabinol (Carboxy-THC), a primary psychoactive component of cannabis, marijuana, and hashish, exceeding the permissible limit in a drug test. This test was administered during the U.S. National Championships on June 30th, 2023.
Davis, known for his exceptional swimming prowess, demonstrated notable performances at the U.S. Nationals. He secured third place in the men's 50 backstroke with a time of 24.62 seconds and sixth in the 100 backstroke at 53.43 seconds, both personal bests. Additionally, he finished 18th in the 200 backstroke and 34th in the 100 butterfly.
The implications of his positive test are significant. Davis has been stripped of all competitive results commencing from June 30th, 2023. This decision particularly affects his 100 backstroke performance at the Nationals, as it falls under the disqualification timeline. His performances in the 200 backstroke, 50 backstroke, and 100 butterfly remain unaffected as they occurred before June 30.
The three-month suspension period for Davis began on January 2nd, 2024, the date he accepted the sanction. During the interim period, while the case was under review, USADA found that Davis breached his provisional suspension by participating in activities under the governance of USA Swimming. Consequently, the time spent under provisional suspension will not be credited towards his ineligibility period.
Davis argued that his use of cannabis occurred out-of-competition and was not related to enhancing sport performance. This claim, accepted by USADA, allowed for a reduction in his sanction, adhering to the provisions of the World Anti-Doping Code. This code classifies THC as a "Substance of Abuse," permitting reduced penalties under certain circumstances.
Since the U.S. Nationals, Davis has not participated in any competitive swimming events, although he is still listed as a senior on the University of Michigan's team roster for the 2023-24 season. His suspension will conclude on April 2nd, 2024, resulting in him missing the entire college swimming season.
This case mirrors a similar incident from 2021 involving former University of Texas sprinter Tate Jackson, who received a one-month suspension from USADA for a positive THC test. Notably, athletes can have their suspension period reduced to one month if they successfully complete a Substance of Abuse treatment program approved by USADA.
Before joining the University of Michigan in the 2020-21 season, Davis had a distinguished career, including a gold medal in the boys' 200 backstroke and a silver in the 50 backstroke at the 2019 World Junior Championships in Indianapolis.
In a significant legal confrontation within Michigan's legal system, a lawsuit has been filed against the cannabis conglomerate TerrAscend Corp. by a woman alleging wrongful termination following her requests for medical leave accommodations. The case, which was initiated in a federal court in Michigan, highlights complex issues surrounding workplace accommodations and disability rights.
Kristina Emiry, the plaintiff in this case, has brought forward a lawsuit claiming wrongful termination by TerrAscend Corp., a prominent figure in the cannabis industry. Emiry alleges that her dismissal came after she sought accommodations for a chronic medical condition. According to the lawsuit, Emiry was employed by a company that was subsequently acquired by TerrAscend Corp. Around the same time, she began to experience a chronic health condition that significantly impacted her work life.
The lawsuit details Emiry's attempts to navigate her medical condition while maintaining her employment. She claims to have requested a protected medical leave under the Family and Medical Leave Act (FMLA), which was initially approved until mid-August of the following year. Despite this approval, Emiry alleges she received emails from her manager, Luke Espinoza, which threatened her employment and created a hostile work environment.
Emiry's efforts to seek clarity on her job responsibilities and her preference for written communication due to her condition were reportedly met with silence. Her termination, allegedly for attendance issues, came abruptly, raising questions about the company's adherence to federal and state laws regarding employee rights and accommodations.
The lawsuit against TerrAscend Corp. raises several legal issues, including alleged interference with FMLA rights, retaliation, and violations of Michigan's Persons with Disabilities Civil Rights Act of 1976, as well as the Fair Labor Standards Act. Emiry's legal representation, led by Noah Hurwitz of Hurwitz Law PLLC, argues that the case exemplifies a broader issue of employers failing to engage in an interactive process to accommodate medical conditions as required by law.
TerrAscend Corp. has not publicly responded to the allegations, and efforts to reach the company for comment have been unsuccessful. The silence from TerrAscend Corp. adds an element of anticipation as the legal proceedings unfold.
This legal battle is not just about one individual's allegations of wrongful termination; it underscores the critical importance of understanding and respecting employees' rights to medical leave and accommodations. It also highlights the potential legal consequences for companies that fail to comply with federal and state laws designed to protect workers with disabilities.
The case, filed as Emiry v. TerrAscend Corp., is being closely watched for its implications on employment law, particularly in the evolving cannabis industry in Michigan and beyond. As the proceedings advance, they promise to shed light on the challenges and responsibilities of employers in accommodating employees with health conditions.
In a significant legal development in Michigan, an appellate court upheld a previous ruling dismissing a lawsuit filed by cannabis company Great Chicago Fire Inc. against law firm Dinsmore & Shohl LLP. The suit, alleging that Dinsmore missed the filing deadline for the company's Illinois cannabis dispensary licenses, was ruled as filed beyond the permissible time frame.
The crux of the lawsuit revolved around the company's claim that Dinsmore, hired in October 2019, failed to submit 10 dispensary license applications by the January 2nd, 2020, deadline. Great Chicago Fire Inc. contended that the law firm, overwhelmed with other clients, informed them less than two hours before the deadline, leaving them unassisted in the filing process.
When the company initiated legal action against Dinsmore and two of its attorneys in April 2022, it was more than two years past the application deadline. The lawsuit encompassed claims of breach of contract, legal malpractice, and tortious interference with a business expectancy.
However, the appellate court found that the alleged breach — Dinsmore's failure to file the applications — required action in Illinois. The panel referenced the Michigan borrowing statute, which mandates that cases involving out-of-state plaintiffs adhere to time limits set by both Michigan law and the law of the state where the action should have occurred.
The court highlighted that since the dispensary applications were to be filed in Illinois, the fact that the contract was drafted and signed in Michigan by a Michigan-based attorney did not bear significant relevance to the case. Furthermore, the panel noted that the plaintiff did not allege any breach related to the services provided by Dinsmore prior to the filing deadline.
Adding to the complexity, another attorney, who did not hold a Michigan law license and was not a signatory of the engagement agreement, had been involved in the case for several months, working from Ohio and Illinois.
This ruling came from a panel comprising Judges Michael F. Gadola, Christopher M. Murray, and Christopher P. Yates of the Michigan Court of Appeals. While representatives for the involved parties were not available for immediate comments, the case, Great Chicago Fire Inc. v. John D. Mackewich, case number 365666, has set a precedent in the intersection of legal services and the cannabis industry in Michigan.
The Cannabis Regulatory Agency (CRA) has imposed significant penalties on 664 Vassar, LLC, operating as Premier Provisioning Center #2 in Vassar, Michigan, for multiple compliance violations. The regulatory action includes a substantial fine of $212,000 and a 30-day suspension of the facility's operations, effective from February 3rd through March 3rd, 2024.
During a compliance check on April 21st, 2022, CRA inspectors discovered several regulatory breaches at the facility. Key violations included:
In response to these findings, the CRA requested 30 days of video surveillance footage on April 22nd, 2022. However, 664 Vassar, LLC failed to provide fully functional footage, leaving the origins of the mentioned products untraceable.
To address these infractions, 664 Vassar, LLC is required to update and implement standard operating procedures (SOPs) within 40 days, covering various aspects of operation including the statewide monitoring system, sales, transfers, storage of marijuana products, and chemical storage. Additionally, the facility must conduct thorough training for all managers and employees on these SOPs, providing comprehensive documentation of the training process.
Furthermore, within 160 days, 664 Vassar, LLC is obligated to organize the destruction of all untagged marijuana products in the presence of a CRA staff member, alongside providing video evidence of compliant destruction. The facility is also required to conduct an inventory audit and report any discrepancies between physical inventory and the statewide monitoring system records.
This enforcement action underscores the CRA's commitment to maintaining regulatory compliance within Michigan's cannabis industry, ensuring safety and adherence to established standards.
Detroit's cannabis dispensaries have recently fallen victim to a series of smash-and-grab incidents, resulting in significant property damage and the theft of marijuana products. The first of these incidents occurred on Monday near the intersection of Wyoming and Puritan, where a black pickup truck reversed into a dispensary. Witnesses reported several masked individuals exiting the vehicle and stealing barrels of marijuana.
On the same day, another incident was reported by the Detroit Police. A truck had rammed into the back of a dispensary on Schaefer near Eaton, a clear case of breaking and entering. Additionally, a similar occurrence involving a building on Hayes was confirmed, characterized by substantial structural damage.
A local witness, choosing to remain anonymous, pointed out the presence of two nearby dispensaries where marijuana is legally available for purchase.
Further incidents unfolded on Wednesday. Two separate locations – one near Joy and Whitcomb, where the aftermath included significant holes in the building's walls and scattered marijuana plants. Ammar Awada, a resident in the vicinity, expressed his shock over the events but was relieved that no one was injured. He highlighted the need for increased police presence in the area to prevent such occurrences.
The other location was near Auburn and Davison, where a damaged black pickup truck was discovered with its doors ajar, surrounded by bricks, plants, and dirt. The building adjacent to it bore a truck-shaped hole, indicating a similar method of break-in as the previous incidents.
These successive smash-and-grab events have raised concerns about the safety and security of cannabis dispensaries in Detroit, prompting calls for heightened law enforcement and security measures to protect these businesses.
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